Policy on the Processing of Right-of-Way (ROW) Claims in Region XIII
The DPWH Department Order No. 153-17, issued on December 21, 2017, establishes a policy for processing Right-of-Way (ROW) claims in Region XIII, particularly in response to previous criminal cases and alleged scams related to ROW claims. It mandates that any payments for ROW claims, especially those involving properties in Maguindanao and Lanao del Sur, must be made only after a judicial determination and final judgment. The Department retains the authority to take necessary legal actions, including changing the venue or appointing special counsel, to ensure proper handling of claims. This order aims to ensure that ROW funds are used solely for legitimate claims and is effective immediately, overriding any conflicting prior regulations.
Quick Answers
- What is Policy on the Processing of Right-of-Way (ROW) Claims in Region XIII about?
- The DPWH Department Order No. 153-17, issued on December 21, 2017, establishes a policy for processing Right-of-Way (ROW) claims in Region XIII, particularly in response to previous criminal cases and alleged scams related to ROW claims. It mandates that any payments for ROW claims, especially those involving properties in Maguindanao and Lanao del Sur, must be made only after a judicial determination and final judgment. The Department retains the authority to take necessary legal actions, including changing the venue or appointing special counsel, to ensure proper handling of claims. This order aims to ensure that ROW funds are used solely for legitimate claims and is effective immediately, overriding any conflicting prior regulations.
- What type of law is DPWH Department Order No. 153-17?
- Policy on the Processing of Right-of-Way (ROW) Claims in Region XIII (DPWH Department Order No. 153-17) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Policy on the Processing of Right-of-Way (ROW) Claims in Region XIII enacted?
- Policy on the Processing of Right-of-Way (ROW) Claims in Region XIII (DPWH Department Order No. 153-17) was enacted on Dec 21, 2017.
- What is the citation for Policy on the Processing of Right-of-Way (ROW) Claims in Region XIII?
- Policy on the Processing of Right-of-Way (ROW) Claims in Region XIII, DPWH Department Order No. 153-17, Dec 21, 2017 (Philippines)
Law Information
- Reference Number
- DPWH Department Order No. 153-17
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Department of Public Works and Highways
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 21, 2017
DPWH DEPARTMENT ORDER NO. 153-17
| SUBJECT | : | Policy on the Processing of Right-of-Way (ROW) Claims in Region XIII |
In view of various criminal and administrative cases filed against incumbent and former DPWH officials, reports about syndicated right-of-way "scams" despite efforts at revalidation, reinvestigation, and prior audit, unresolved jurisdictional issues with the Autonomous Region in Muslim Mindanao, the need to ensure that ROW funds are properly utilized only for valid and legitimate ROW claims in light of Sections 4 (g) and 11 (b) of Republic Act No. 9485, otherwise known as the Anti-Red Tape Act of 2007, due diligence requirements under Presidential Decree 1445, otherwise known as the Government Auditing Code of the Philippines, the statutory requirement to guard against contracts and transactions which are manifestly and grossly disadvantageous to the government, and applicable jurisprudence such as the doctrine of non-estoppel, among other bases, any payment of ROW claims in Region XII shall be made only upon judicial determination and after final and executory judgment. This requirement shall also cover ROW claims for affected properties in the provinces of Maguindanao and Lanao del Sur, whether partially paid or not, and which claims happened to be filed with Region XII.
The requirement of judicial determination shall not in any manner preclude the Department from commencing motuproprio any legal action as necessary or appropriate, including changing the venue of the proceedings, appointing special counsel, or taking any other precautionary action in order to arrive at a proper disposition of ROW claims. Concerned officials of this Department are hereby directed to coordinate with the Office of the Solicitor General (OSG) for such purposes.
Nothing in this Order shall be construed to constrict the authority and power of the Secretary or any concerned official of this Department to resort to any and all judicial and administrative remedies available to him/her under the law or the Rules of Court.
This Order shall take effect immediately and shall amend any previous issuance to the contrary. HEITAD
(SGD.) MARK A. VILLARSecretary
Cite This Law
Policy on the Processing of Right-of-Way (ROW) Claims in Region XIII, DPWH Department Order No. 153-17, Dec 21, 2017 (Philippines)
Policy on the Processing of Right-of-Way (ROW) Claims in Region XIII, DPWH Department Order No. 153-17 (Phil. 2017)
Related Laws
- Guidelines for the Determination of Appropriate Price Offer for Outstanding Right-of-Way (ROW) ClaimsDPWH Department Order No. 151-17 • Dec 21, 2017 • Other Rules and Procedures
- Delegating to the Regional Directors the Approval/Signing of Documents Pertaining to Infrastructure Right-of-Way (ROW) in the Implementation of National Projects Including the Approval for Payments of Claims and Signing of ChecksDPWH Department Order No. 019-17 • Feb 22, 2017 • Other Rules and Procedures
- Approval of the Policy and Procedural Guidelines (PPG) on the Processing of Permanent Partial Disability (PPD) ClaimsGSIS Resolution No. 185-14 • Nov 27, 2014 • Other Rules and Procedures
- Procedural Flow and Guidelines on the Processing of Extraordinary ClaimsDPWH Department Order No. 58-08 • Oct 23, 2008 • Other Rules and Procedures
- Amended Guidelines on Constructive Filing of Retirement ClaimsGSIS Policy and Procedural Guidelines No. 271-14 • Dec 1, 2014 • Other Rules and Procedures
- Expeditious Payment of All Right-of-Way ClaimsLetter of Instructions No. 1037 • Jun 17, 1980 • Presidential Issuances
Browse More Other Rules and Procedures
Explore other laws in the Other Rules and Procedures category.
View All Other Rules and ProceduresNeed Help Understanding This Law?
Ask our AI assistant to explain provisions, implications, or related laws.
Ask AI About This Law